Cromwell selectmen seek revised code of ethics

Published 12:00 am, Tuesday, January 19, 2010

CROMWELL -- For months, three residents quietly worked to fashion a code of ethics for the town. Last week, they presented the code to the Board of Selectmen.

The selectmen thanked them for their work, accepted the code as a draft -- and then invited the three to go back and start all over again.

The selectmen's decision left Richard Coughlin, the chairman of the three-member panel, stunned and confused.

Emerging from the selectmen's meeting, Coughlin at first said he would not take First Selectman John M. Flanders up on his offer to serve on a revamped committee.

But then Coughlin said he would have to hear what Flanders was proposing before deciding what he would do next.

In addition to Coughlin, the other members of the committee were Dorothy E. Meerbach and Matthew Ruske.

Ruske, who thanked his colleagues for their commitment, left himself open to the possibility of joining the revised committee.

The committee was established by the previous Board of Selectmen at the request of then-first selectman Jeremy J. Shingleton.

Shingleton said the state was likely to mandate that all towns have a code by 2012, and he wanted the town to have something in place if and when that mandate came down from Hartford.

The committee presented their original version of the code to officials in August; since then, Coughlin said, the panel "did our due diligence" regarding concerns that some of the provisions in the code could create problems because of contractual agreements with the municipal unions.

Even before last week's meeting, Flanders had signaled his intention to revise the proposed code.

He said he felt the proposed code was too similar to state proposals that were adopted after Gov. John G. Rowland resigned in 2004.

Flanders, who is an attorney, said the code presented by the committee focused too much on issues involving lobbyists. He said he did not believe those issues applied to town officials.

Flanders said both before the meeting and during the meeting itself that he wants an expanded panel of up to five members to identify the problems facing Cromwell and then draft a proposal that would meet those problems.

After presenting the proposal, committee members defended their work.

"We worked hard on it," Ruske said.

"There have been some ups and downs, but the main idea of the code is not for the politicians or the employees; it's for the people of the town to have someplace to go," he said.

In response, Selectman Richard Newton said he was not suggesting the town abandon the effort to fashion a code of ethics. Far from it, Newton said.

"There are still things that need to be changed," he said, explaining, "I'm not completely satisfied."

Selectman Allan Spotts said he was concerned about granting the ethics commission subpoena power.

"I think we do need to have a mechanism in place if someone thinks someone is doing something illegal," Spotts continued. But, he noted the selectmen do not have subpoena power.

"I'm concerned about spending money on attorney's fees for frivolous things," Selectman Anthony Varricchio said. Last year, exclusive of labor negotiations, Varricchio said the town spent $132,000 on attorney's fees.

"I think folks should have an outlet (to bring complaints)," he said.

Selectman Allan Waters began by praising the committee members for their efforts before moving on to share his concerns.

"You did a fabulous job, and the hours you have put in have not gone unnoticed," Waters said.

"But the problem I have with it ... is the possibility that citizens can go on witch hunts," he said. "Personally, I have experienced (that), and we do not need to be dragged through the mud just because someone wants to."

He said the proposal that was put before the board "leaves us in a situation where someone can make an accusation ... and we are left wide-open to a witch hunt."

Selectwoman Ann M. Halibozek said, "The time has come where something should be put in place (to enable residents to bring complaints against town officials)."

For his part, Flanders said, "I have had a hard time making the decision I am going to make, given the time you have put into this."

But, he said, he had "very serious concerns about protecting the accused with this." He also said the committee was not given clear direction when it began its work, nor was it given adequate legal advice as the process proceeded.

Flanders said he will ensure those things do not happen with a revised committee.

With that, the selectmen voted 6-0 to accept the proposal as a draft, with the understanding that the board will appoint an expanded committee to continue the work.